Gov. Jerry Brown on Monday followed through with his vow to turn to the U.S. Supreme Court in a bid to end years of judicial control over California’s overcrowded prison system.

In a three-page filing, the governor and his top prison officials notified a three-judge panel the state is appealing an April order requiring California to shed at least 10,000 more inmates by the end of December. The attorney general’s office now has 60 days to file its full legal arguments with the Supreme Court.

The special three-judge panel has threatened the governor with contempt if his administration does not comply with a 2009 order requiring California to reduce its inmate population to about 110,000 inmates to satisfy concerns that prisons are so overcrowded they fail to provide adequate medical and mental health care.

Brown, however, said in Monday’s filing that the court “did not fully or fairly consider the evidence showing that the state’s prison health care now exceeds constitutional standards.”

In the recent order, the federal judges found that California prisons remain over capacity, and that the state has various ways to improve medical care and release inmates without jeopardizing public safety.

The governor responded to that order with a plan that would remove about 7,000 inmates by the end of this year, still thousands short of the judges’ demands. But state officials do not want to take those measures, arguing a reduction of more than 25,000 inmates over the past few years has solved the overcrowding issue.

Lawyers for the inmates contend the state must do more to end the legal battle.

The Supreme Court, in a 5-4 ruling, upheld the 2009 orders to reduce prison overcrowding. The justices would likely decide next fall whether to review the issue again.

Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz.

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